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OHIO STATE LIBRARY 



INITIATIVE AND REFERENDUM 



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INITIATIVE AND REFERENDUM 



COMPILED BY 



C. B. GALBREATH, State Librarian 



M M 



^ BOARD OF LIBRARY COMMISSIONERS 

J. F. McGrew Charles Orr John McSweeney 

COLUMBUS, OHIO, 1908 



The F. J. Heer Printing Co. 
State Printer 



0. OF D. 
FEB 11 1908 



a'^ 






INITIATIVE AND REFERENDUM. 



INITIATIVE AND REFERENDUM. 

Two years ago, in a bulletin published for the use of the General' 
Assembly of Ohio, was included a list of references on direct legis- 
lation. Since that time much has been written on the subject. In this 
little pamphlet a much larger list of references is presented. This is sup- 
plemented with a copy of the proposed amendment of the constitution 
of Ohio, which passed the senate March 7th, 1906, and is now pend- 
ing in the House, together with the full text of the constitutional pro- 
visions of all the states that have adopted the initiative and referendum. 
To these are added the amendments that will be voted upon in Maine, 
Missouri and North Dakota in 1908. This is the first time that all of 
these texts have been published together in convenient form for compari- 
son. 

The current and prospective interest in this subject, it is believed, 
fully warrants the somewhat extended bibliography here presented. 

TERMS DEFINED. 

The referendum may be defined in general as the referring of legis- 
lation to the people for final rejection or acceptance; the initiative as the 
giving to the people the right of proposing legislation to be acted upon. 

The referendum, as it is now generally advocated, requires that no 
law save a strictly defined class of urgent measures for the public peace, 
health, and safety, which usually must have a two-thirds or three-fourths 
majority to pass, shall go into efifect without waiting a fixed time, say 
ninety days. If, during this time, a part of the voters, say ten per cent., 
sign a petition for the referendum on that law, it would not go into 
effect till the next regular election when the people would vote for it, 
and if a majority voted no, it would not be a law. 

The initiative gives the people the power to originate laws. If a 
certain percentage of the voters, say ten per cent., sign a petition for a 
law and file it with the proper official, it must come before the legis- 
lature, and perhaps be referred to the people. 

Sometimes the law requires that legislation be referred to the people, 
whether they petition for it or not. This is called the compulsory 
referendum. Where the referendum is taken only where a certain num- 
ber petition foi; it, it is called the optional referendum. 

The referendum and the initiative provide for direct legislation; 
that is, legislation directly by the people. 

— Adapted from The Encyclopedia of Social Reform. 

PROGRESS OF THE INITIATIVE AND REFERENDUM IN 

AMERICA. 

(From The Direct Legislator, June, 1907.) 

1897 Iowa applied Referendum to all franchise grants. 

1897 Nebraska made Initiative and Referendum optional in cities 

1898 South Dakota adopted Initiative and Referendum amendment. 

1900 Utah adopted amendment for which Legislature has never passed 

enabling act. 

1901 Illinois passed public policy law providing for advisory referendum. 



4 INITIATIVE AND REFERENDUM. 

1902 Oreg-on by constitutional amendment secured an effective form of 

the Initiative and Referendum. 

1903 Los Angeles, California, applied Initiative and Referendum to mu- 

nicipal affairs. 
1905 Nevada by constitutional amendment adopted the Referendum. 

1905 Grand Rapids, Michigan, applied Initiative and Referendum to mu- 

nicipal affairs. 

1906 Montana adopted Initiative and Referendum amendment. 

1906 Delaware by popular vote instructed Legislature to provide for the 

Initiative and Referendum. 

1907 ( I ) Oklahoma placed Initiative and Referendum in the Constitu- 

tion to be submitted to the people. 

(2) Maine Legislature voted to submit an Initiative and Referen- 
dum amendment. 

(3) Missouri Legislature voted to submit an Initiative and Refer- 
endum amendment. 

(4) North Dakota Legislature voted to submit an Initiative and 
Referendum amendment. 

(5) Delaware Legisla:ture placed the Initiative and Referendum in 
the charter of Wilmington. 



When a book or magazine article is favorable to the initiative and 
referendum that fact is indicated by the letter F; if it presents the op- 
posite view, that is indicated by the letter A. Where no letters are used 
no decided preference is expressed. 

BIBLIOGRAPHY. 

Books and Pamphlets. 

Bigelow, H. S. Direct legislation through the initiative and refer- 
endum. 1907. 321.4 B 48 
' - :- ■ Bryce, James. Direct legislation by the people. (In his The Ameri- 
?' can commonwealth. 1897. v. i, p. 463-76.) 342-73 B 91 
k -J ^^ --Cleveland, F. A. Evolution and present use of the referendum. (In 
/ *2 his Growth of democracy in the United States. 1898. p. 177-240.) 

■ ^^ 342.73 C 59 

" f / O'l i'-Coraxnons, ]. R. Partv responsibility. (In his Proportional repre- 
. a 7 sentation. 1896. p. 186-96.) 328 C 73 

i^J<^-. CS^Cree, Nathan. Direct legislation by the people. 1892. 321.4 C 86 
■^/fj, .3<»J)-^Deploige, Simon. Referendum in Switzerland, with a letter on the 
referendum in Belgium, by M. J. van den Heuvel. 1898. F. & A. 

321.4 D43 

Goodnow, F. J. Referendum and initiative in city matters. (In his 

City government in the United States. 1904. p. 118-21.) A. 

a^ 352 G62 

■ '^'1 Heuvel, M. J. van den. Referendum in Belgium. (In Deploige, S., 

Referendum in Switzerland. 1898. Pref., p. 34-69.) 321.4 D 43 

/-r . . Hyslop, J. H. Referendum and initiative. (In his Democracy. 1899. 

p. 122-137.) _ 321.4 H99 

Kinkead, E. B. The initiative and referendum. (In Ohio State Bar 

Association Proceedings. 1907. v. 28, p. 145-8:.) A. O340 Oh 3 

The most comprehensive recent argument against the initiative 

and referendum. It is also published in separate form. 



INITIATIVE AND REFERENDUM. 



Ij.lJ.LVLecky, W. E. H. The referendum. (In his Democracy and liberty. 

1896. V. I, p. 277-94.) 300 L49 

■7 0'W.fe4i,ieb, Hermann. The initiative and referendum. 1902. F. 321.4 L71* 

?'%(>iLt ^l°y^» ^- D- ^ sovereign people; a study of Swiss democracy, edited 

. by J. A. Hobson. 1907. 321.4 L 77 

^1 ' I— c Lowell, A. L. Switzerland: the referendum and the initiative. (In 

his Governments and parties in continental Europe. 1896. v. 2, 

p. 238-300.) F. & A. 354 L 95 

I r*r- yhy McCracken, W. D. Recent constitutional changes in the cantons, and 

,00, j j|c_^ ^1^^ confederation. (In his Rise of the Swiss republic. 1892. p. 

- .« yv 338-450 F. ' 9494 M13 

iObo' /f/-Meyer, E. C. Referendum in America. (In his Nominatmg systems. 

; astir -^ ^902. p. 452-63.) F. 324.73 M61 

^rX^^Lr Oberholtzer, E. P. United States. Referendum in America. 1900. 

^ ^F. & A. 321.4 Ob 2r 

J^' ./ 1_ Parsons, Frank. Direct legislation. (In his The city for the people. 

1900. p. 255-386.) F. 352 P 25 

Forms of constitutional and statute provisions relating to direct 

legislation. (In his The city for the people. 1899. app., p. 
W^Q 506-22.) 352 P25 

^ ^ Referendum in New Zealand. (In his The story of New 

''^ %.<> Zealand. 1904. p. 409-17; 766-74.) 

Pomerene, Atlee. The initiative and referendum. (In Ohio State Bar 
Association Proceedings. 1907. v. 28, p. 127-44.) F. 

O 340 Oh 3 

■^^jji Pomeroy, £!. Direct legislation in 1903. (In Strong, J., ed. Social 

progress. 1905. p. 153-6.) 303 St 8 

Referendum. (In New international encyclopedia, v. 14, p. 89778.) 

R030 1 62 
" Referendum and initiative. (In Bhss, W. D. B., ed. Encyclopedia of 
social reforms. 1897. p. 497-500; p. 1178-81.) F. R303 B 64 

Rittenhausen, Martin. Direct legislation by the people. (Translated 
from the French by A. Harvey.) 1897. 321.4 R 51 

["^20-2- Spahr, C. B. Direct primaries. (In Proceedings of Conference for 
, Vi/ff Good City Government. 1901. p. 184-96.) 352 N 21 

' ' U. S. House of Representatives. Referendum and initiative, by Ar- 
thur S. Hardy. House document No. i, 57th Cong., 2nd sess., p. 
482-94. (In serial No. 4440.) 
A detailed report on direct legislation in Switzerland. 1902. 
U. S. Senate. Direct legislation ; papers by E. Pomeroy and others. 
Senate document No. 340, 55th Congress, 2d Sess. (In serial 
No. 3615.) 
"An extensive collection of arguments and digests of literature on the 
,, , subject of direct legislation." 

",' 'Vincent, J. M. Referendum and initiative. (In his Government in 

Switzerland. 1900. p. 72-4; 84-90; 188-99.) 342-49 V 74 

'\)b ^^^ Webb, S. and B. Primitive democracy. (In their Industrial democ- 

*{a racy. 1902. p. 3-3?.) 331.88 W 38! 

M Winchester, Boyd. The referendum. (In his Swiss Republic. 1891. 

3^b^ p. 164-74.) 342.49 W72 



» V 



.nD 



b INITIATIVE AND REFERENDUM. 

ARTICLES IN PERIODICALS. 
General. 

Albertson, R. Initiative and referendum news. (Arena. 1907. v. 37, 
p. 198-202, 312-19, 422-29, 546-50, 651-5; V. 38, p. 98-102.) 

Barker, E. F. The initiative and referendum system of lawmaking. 
(Arena. 1897. v. 18, p. 613-27.) F. 

Bigelow, H. S. ed. The Direct Legislator. Nos. 1-4. June i-Sept;. 
1907. F. 

Bowne, C. W. The initiative and referendum. (Arena. 1896. v. 16, 

P- 553-7-) F- . 

Brown, W. H. Popular initiative as a method of legislation. (Ameri- 
can Journal of Sociology. 1905. v. 10, p. 713-49.) A. 
Clark, J. B. Referendum in the United States. (Independent. 1902. 

V. 54, p. 429-31-) F- 
Commons, J. R. Direct legislation in Switzerland and America. 

(Arena. 1899. v. 22, p. 725-39.) F. 
Referendum and initiative in city government. (Political 

Science Quarter^. 1902. v. 17, p. 609-30.) F. 
Direct legislation in municipal affairs. (In Municipal Affairs. 1902. 

V. 6, p. 851-6.) 
Direct legislation through the initative and referendum. (Arena. 

1907. V. 37, p. 627-30.) F. 
Doty, M. F. Voters always sovereign. (Arena. 1904. v. 32, p. 

406-8.) F. 
Flower, B. O. Back to the source of free government. (Arena. 1903. 

V. 30, p. 96-8.) F. 
Foxcroft, F. Constitution-mending and the initiative. (Atlantic 

Monthly. 1906. v. 97, p. 792-6.) F. & A. 
Garvin, L. F. C. Constitutional initiative. (North American Review. 

1903. V. 177, p. 78-85.) F. 
Honest objectors who distrust democracy. (Arena. 1907. v. 38, p. 

71-9-) F. 
Inglis, D. Direct legislation, what it is. (Public Opinion. 1897. v. 

23. P- 583-) F. 

Lobingier, C. S. Direct popular legislation. (Arena. 1905. v. 34, 
p. 234-40.) F. 

Low^ell, A. L. Referendum and initiative ; their relation to the in- 
terests of labor. (International Journal of Ethics. 1895. v. 6, 
p. 51-63.) A. 

Referendum in Switzerland and America. (Atlantic Monthly. 

1894. V. 73, p. 517-26.) F. & A. 

McCrackan, W. D. How to introduce the initiative and referendum. 
(Arena. 1893. v. 7, p. 696-701.) F. 

Swiss solutions of American problems. (New England Maga- 
zine. 1894. V. II, p. 448-59.) F. 

Maxey, E. Referendum in America. (Arena. 1900. v. 24, p. 47-52.) F. 

Means, D. M. The referendum. (Nation. 1894. v; 58, p. 206-7.) A. 

Oberholtzer, E. P. Lawmaking by popular vote. (Annals of the 
American Academy of Political and Social Science. 1891. v. 2, 
p. 324-44.) F. 

Organized labor and direct legislation. (Arena. 1902. v. 27, p. 533- 
58.) F. 



INITIATIVE AND REFERENDUM. 7 

Pomeroy, E. Democratic vs. aristocratic government. (Arena. 1902. 

V. 28, p. 119-24.) F. 

Direct legislation. (Arena. 1902. v. 28, p. 464-70.) F. 

Direct legislation and social progress. (Arena. 1901. v. 25, 

p. 317-23.) F. 
• Direct legislation defended. (International Journal of Ethics. 

1896. v. 6, p. 509-15.) F. 
' Direct legislation: objections answered. (Arena. 1899. v. 

22, p. loi-io.) F. 

Doorway of reforms. (Arena. 1897. v. 17, p. 711-21.) F. 

The initiative a democratic safeguard against class-government. 

(Arena. 1906. v. 35, p. 46-8.) F. 
Two arguments against direct legislation. (Arena. 1904. v. 

3I' P- 153-70 F. 
-Vast educational scheme. (Arena. 1905. v. 34, p. 142-6.) F. 



Primer of direct legislation. (Arena. 1906. v. 35, p. 507-11; 600-3; 
V. 36, p. 45-54-) F- 

Shibley, G. H. Progress and probable future of optional referendum 
and initiative. (Arena. 1902. v. 28, p. 517-23.) F. 

Referendum and initiative in relation to municipal ownership. 

(Municipal Afifairs. 1902. v. 6, p. 781-86.) F. 

Spahr, C. B. Letters on the referendum. (Outlook. 1894. v. 50, 
p. 423-4/) F. & A. 

Stockton, L. Representation — federation — referendum. (West- 
minster Review. 1902. v. 157, p. 357-65.) F. 

Unrecognized referendum. (Nation. 1906. v. 83, p. 550-1.) 

United States, 

Allen, P. L. Spread of the referendum. (Nation. 1907. v. H2, p. 
463.) F. ? 

American commonwealth where the people rule. (Oregon.) (Arena. 
1906. V. 35, p. 523-26.) F. 

Brown, A. A. Direct legislation now in operation. (Arena. 1899. 
V. 22, p. 97-100.) F. 

Cruice, D. L. Direct legislation in Illinois. (Arena. 1904. v. 31, 
p. 561-5.) F. 

Flov^er, B. O. How Brookhne is ruled. (Arena. 1898. v. 19, p. 505- 
19; 1904. v. 32, p. 377-91 •) . 

— ^Imperative need of the referendum, emphasized by recent at- 
tempted legislation. (Arena. 1901. v. 26, p. 425-30.) F. 
-Preserving free government through majority rule. (Arena. 



1902. V. 28. p. 428-32.) F. 
Fulton, C. W. People as legislators in Oregon. (North American 

Review. 1907. v. 185, p. 69-74.) F. 
McCrackan, W. D. Referendum and the senate. (Lippincott. 1895. 

V- 55. P- 855-8.; F. 
Moffett, S. E. Constitutional referendum in California. (PoHtical 

Science Quarterly. 1898. v. 13, p. 1-18.) 
Movement for guarded representative government (Los Angeles and 

Ohio.) (Arena. 1906. v. 35, p. 641-3.) F. 
Nichols, A. W. Present status of the referendum movement in Maine. 

(Arena. 1906. v. 36, p. 516-8.) F. 



8 INITIATIVE AND REFERENDUM. 

Oberholtzer, E. P. American referendum. (Annals of Amencan 

Academy of Political and Social Science. 1891. v. 2, p. 324-56.) 

Direct legislation in America. (Arena. 1900. v. 24, p. 493- 

505-) F- 
Peabody, W. R. Direct legislation. (Political Science Quarterly. 

1905. V. 2o,_p. 443-55-) A. ' i^ ■ - 

Pomeroy, E. Direct legislation movement and its leaders. (Arena. 

1896. V. 16, p. 29-43.) F. 

March of direct legislation. (Arena. 1906. v. 35, p. 271-3.) F. 

■ Nevada referendum victory. (Arena. 1905. v. 33, p. 267-9.) F. 

Really masters. (Arena. 1905. v. 33, p. 51-2.) F. 

Referendum victory in municipal government. (Johnstown, Pa.) 

(Arena. 1905. v. 33, p. 549-50.) F. 
Referendum votes. (Nation. 1905. v. 81, p. 394.) 
Schafer, J. Oregon ;as a political experiment station. (American 

Monthly Review of Reviews. 1906. v. 34, p. 172-6.) F. 
Schafner, Margaret A. The initiative, the referendum, and the recall : 

Recent legislation in the United States. (American Political 

Science Review. 1907. v. 2, p. 32-42.) F. 
Shibley, G. H. Judges attack Oregon amendment for majorit}^ rule. 

(Arena. 1903. v. 30, p. 613-6.) F. 
Majority rule system constitutional. (Oregon.) (Arena. 1904. 

V. 31, p. 284-5.) F. 
Progress of the campaign for majority rule. (Arena. 1903. v. 

29, p. 625-37.) F. 
-Victorious march of majority rule. (Arena. 1903. v. 29, p. 



173-850 F. 
Taylor, G. Assertion of the people's right to the referendum. 

(Charities and the Commons. 1907. v. 17, p. 973-4.) F. 
Thacher, G. A. Significance of the Oregon experiment.. (Outlook. 

1906. V. 83, p. 612-4.) F. 

Triumphant democracy. (Oregon.) (Arena. 1906. v. 36, p. 186-8.) F. 

U'Ren, W. S. Initiative and referendum in Oregon. (Arena. 1903. 
V. 29, p. 270-5.) F. _ _ 

Operation of the initiative and referendum in Oregon. (Arena. 

1904. V. 32, p. 128-31.^ F. 

Whitten, R. H. Referendum in party nominations. (Municipal Af- 
fairs. 1902-3. V. 6, p. 180-4.) 

Switzerland. 

Borgeaud, C. Practical results of the referendum in Switzerland. 

(Arena. 1905. v. 33, p. 482-6.) F. 
Dicey, A. V. Democracy in Switzerland. (Nation. 1886. v. 43, p. 

410-12; 494-6.) F. 
Difference between a real and a pseudo republic. (Arena. 1903. v. 

29, p. 421-4.) F. 
Droz, N. Referendum in Switzerland. (Contemporar)^ Review. 1895. 

V. 67, p. 328-44.) F. & A. 
Hardy, A. S. Initiative and referendum in operation. (Independent. 

1907. V. 62, p. 1407-10.) A. 

Hart, A. B. Referendum in Switzerland. (Nation. 1894. v. 59, p. 
193-4.) A. 



INITIATIVE AND REFERENDUM. 9 

Hazeltine, J\L W. Referendum and initiative in Switzerland, (North 

American Review^. 1907. v. 185, p. 202-13.) F. & A. 
Hewes, O. K. Switzerland and her ideal government. (Arena. 

1905- V. 33, p. 369-75.) F. 
Hutton, A. W. Switzerland as a school of politics. (Living Age. 

1891. V. 188, p. 151-8.) F. 
McCrackan, AV. D. The initiative in Switzerland. (Arena. 1893. 

V. 7, p. 548-53-) F. 

The Swiss referendum. (Arena. 1891. v. 3, p. 458-64.) 1^, 

Macdonald, J. R. Referendum and the Swiss railroads. (American 

Monthly Review of Reviews. 1898. v. 17, p. 443-5.) F. 
Open-air parliaments in Switzerland. (Nation. 1905. v. 80, p. 456-7.) F. 
Sullivan, J. A\'. The referendum in Switzerland. (Chautauquan. 

1891. "v. 13, p. 29-34.) F. 
The Swiss referendum. (Cosmopolitan. 1893. v. 15, p. 329-33.) F. 
Withington, X. X. Swiss referendum. (New England Magazine. 

1894. v. 9, p. 563-68.) F. & A. 
Wuarin, L. Recent political experiments in the Swiss democracy. 

(Annals of the American Academy of Political and Social 

Science. 1895. v. 6, p. 361-80.) 

Great Britain and her Dependencies. 

Dicey, A. V. Ought the referendum to be introduced into England? 
(Contemporary Review. 1890. v. 57, p. 489-511.) F. 

Dicey, A. V. and others. The referendum. (England.) (National 
Review. 1894. v. 23, p. 65-80.) F. & A. 

Ell, H. G. Direct legislation in New Zealand. (Arena. 1903. v. 30, 
p. 268-72.) F. 

Referendum in Ontario. (Outlook. 1902. v. 72, p. 867-8.) ? 

Strachey, St. L. Appeal to the lords. (National Review. 1894. v. 
22, p. 738-41.) F. 

— The referendum. (England.) (National Review. 1894. v, 23, 

p. 196-200.) F. 

Tomn, L. Referendum in Australia and New Zealand. (Contemp- 
orary Review. 1897. v. ^2, p. 242-52.) F. & A. 

OHIO. 

Proposed Amendments to the Constitution. 

Following is the text of Senate Joint Resolution No. 50, introduced by 
Senator W. L. Atwell : 
Be it resolved by the General Assembly of the State of Ohio: 

Section i. That a proposition be submitted to the electors of this 
state at the next election for members of the general assembly, to amend 
section i of article II of the constitution of the state of Ohio so as 
to read as follows : 

Article II. - 

Section i. The legislative power of this state shall be vested in a 
general assembly, which shall consist of a senate and a house of repre- 
sentatives : but the people reserve the right to enact or reject at the 
polls any law or part of a law which has been passed by the general 



10 INITIATIVE AND REFERENDUM. 

assembly, or any proposed law which, having been introduced by a mem- 
ber of the general assembly, has failed to pass or has not been passed by 
the general assembly without amendment. 

_ No law or part of a law passed by the general assembly (except 
such as are necessary for the immediate preservation of the public peace, 
health or safety, and which are termed emergency measures, and are 
passed by two-thirds vote of each house,) shall become effective in less 
than ninety days after the adjournment of the general assembly at which 
the act was passed. 

If, before the expirat'on of ninety days after the adjournment of 
any session of the general assembly, petitions are filed with the secre- 
tary of state, signed by five per cent of the voters of the state, requesting 
a popular vote upon any act or part of an act of said session of said gen- 
eral assembly, the same shall be submitted for the approval or rejection of 
the electors of the state at the first election held on the first Tuesday after 
the first Monday in November which occurs thirty days or more after the 
filing of said petitions, and all acts upon which popular vote is required 
shall remain in abeyance until such vote is officially counted, except that 
emergency acts may go into effect immediately and remain in effect until 
rejected by popular vote or repealed by the general assembly. 

If, within thirty days before any election occurring on the first Tues- 
day after the first Monday in November, petitions are filed with the secre- 
tary of state, signed by five per cent of the voters of the state, requesting 
a popular vote upon any measure introduced by any member of the 
general assembly at any session of the general assembly which has failed 
to pass or has not been passed by the general assembly without amend- 
ment, the same shall be subm.'tted for the approval or rejection of the 
electors of the state at said election. 

Immediately, upon the official count of the ballots, any measure sub- 
mitted to a direct vote of the electors and receiving a majority of all 
votes cast thereon, shall take effect and have the force of law, and any 
measure failing to receive a majority of all votes cast thereon, shall be 
null and void. 

The whole number of votes cast for governor at the state election 
last preceding the filing of petitions shall be the basis on which to deter- 
mine the required number of petitioners. 

No measure adopted by vote of the electors shall be subject to the 
governor's veto. 

This amendment shall be self-executing, but legislation may be en- 
acted especially to facilitate its operation. 

Sec. 2. At such election there shall be placed on the ballots the 
words "Constitutional Amendment, Article II, Section i. For Direct 
Legislation — Yes — No." ' And electors shall vote thereon by marking 
their ballots in such manner as may be provided by law. 

Sec. 3. That a proposition be submitted to the electors of this state 
at the next election for members of the general assembly to amend 
Section 18, Article II, of the constitution of the state of Ohio so as to 
read as follows : 

Section 18. The style of the laws of this state shall be: "Be it 
enacted by the state of Ohio." 

Sec. 4. At such election there shall be placed on the ballots the 
words : "Constitutional Amendment, Article II, Section 18 — Yes — No." 
And the electors shall vote thereon by marking their ballots in such 
manner as may be provided by law. 



INITIATIVE AND REFERENDUM. 11 

At the last session of the General Assembly, Senator F. C. Howe, 
of Cleveland, introduced a joint resolution providing for the initiative 
and referendum. In its present form it is known as Substitute, for 
Senate Joint Resolution No. 9, and is entitled "A resolution proposing 
the submission of amendments to the constitution of Ohio for direct 
legislation." It passed the Senate March 7, 1906, and was with the 
judiciary committee of the House at the opening of the present session. 
Following is the text in full: 
Be it resolved by the General Assembly of the State of Ohio: 

Section i. That a proposition be submitted to the electors of this 
state at the next election for members of the general assembly, to amend 
section I of article II of the constitution of the state of Ohio, so as to 
read as follows : 

Article II. 

Sec. I. The legislative power of this state shall be vested in a 
general assembly, which shall consist of a senate and a house of repre- 
sentatives ; but the people reserve the right to propose laws, to be 
enacted by the general assembly and if the same are not enacted by the 
general assembly, to have the same submitted to the vote of electors of 
the state to be by them enacted or rejected at the polls; and the people 
also reserve the right to require that any law or part of a law which 
the general assembly may have enacted may be submitted by referendum 
to the vote of the electors before taking effect. 

Laws may be proposed by petition. Every such petition shall in- 
clude the full text of the measure proposed, and such initiative petitions 
for the state be filed with the secretary of state, who shall transmit copies 
'thereof to the speaker of the house of representatives, who shall im- 
mediately introduce the proposed law into the house for enactment. If 
the general assembly fail to pass the same without change or amendment 
before adjournment, the secretary of state shall cause the same to 
be voted on at the next general election. No act or part of an act passed 
by the general assembly (except such as are necessary for the immediate 
preservation of the public peace, health or safety, which are passed by 
two-thirds vote of each house), shall become effective in less than ninety 
days after its passage dudng which time referendum petitions may be 
filed with the secretary of state, who shall cause the act to be submitted 
to the electors for their approval at the next general election. All such 
measures shall remain in abeyance until such vote is decided. All such 
initiative and referendum petitions shall be signed by five per cent, of 
the electors of the state and all elections held thereunder shall be held 
at the election held on the first Tuesday after the first Monday in 
November after such petitions have been filed. Any measure submitted 
at such election shall take effect and become a law when it is approved 
by a majority of the votes cast at such election and not otherwise. The 
whole number of votes cast for governor at the state election last pre- 
ceding the filing of any such initiative and referendum petitions shall be 
the basis on which the number of petitioners required shall be determined. 
No measure so adopted or approved by vote of the electors shall be 
subject to veto. 

Laws shall be passed providing for the initiative and referendum 
for municipalities, counties and other political divisions of the state, 
in their local aft'airs. 



12 INITIATIVE AND REFERENDUM. 

In carrying this amendment into effect, all officers shall be guided 
by this amendment and all general laws applicable thereto. 

Section 2. At such elections there shall be placed on the ballots 
the words, "constitutional amendment for direct legislation — yes, no." 
And the electors shall vote thereon by marking their ballots in such 
manner as "may be provided by law. 

Section 3. That a proposition be submitted to the electors of this 
state at the next election for members of the general assembly to amend 
section 18, article 11 of the constitution of the state of Ohio so as to 
read as follows : 

Sec. 18.. The style of the laws of this state shall be: "Be it enacted 
by the state of Ohio :" 

Section 4. At such elections there shall be placed upon the ballots 
the words, "constitutional amendment. Section 18, article II, yes, no." 
And the electors shall vote thereon by marking their ballots in such 
manner as may be provided by law. 

CONSTITUTIONAL PROVISIONS. 

The state constitutions of Montana, Nevada, Oklahoma, Ortgon, 
South Dakota, and Utah contain provisions for the initiative and 
referendum. 

Montana: Article V. 

Section i. The Legislative authority of the State shall be vested 
in a legislative assembly consisting of a senate and house of repre- 
sentatives ; but the people reserve to themselves power to propose laws, 
and to enact or reject the same at the polls, except as to laws relating 
to appropriations of money, and except as to laws for the submission 
of constitutional amendments, and except as to local or special laws, 
as enumerated in Article V, Section 26, of this Constitution, independent 
of the legislative assembly ; and also reserve power at their own option, 
to approve or reject at the polls, any act of the legislative assembly, 
except as to laws necessary for the immediate preservation of the public 
peace, health or safety, and except as to laws relating to appropriations 
of money, and except as to laws for the submission of constitutional 
amendments, and except as to local or special laws, as enumerated in 
Article V, Section 26, of this Constitution. The first power reserved 
by the people is the initiative, and eight per cent, of the legal voters of 
the state shall be required to propose any measure by petition ; provided, 
that two-thirds of the whole number of the counties of the State 'must 
each furnish, as signers of said petition, eight per cent, of the legal 
voters in such county, and every such petition shall include the full text 
of the measure so proposed. Initiative petitions shall be filed with the 
Secretary of State not less than four months before the election at 
which they are to be voted upon. 

The second power is the referendum, and it may be ordered either 
by petition, signed by five per cent, of the legal voters of the State; 
provided, that two-fifths of the whole number of the counties of the State 
must each furnish as signers of said petition five per cent, of the legal 
voters in such countv, or, by the legislative assembly as other bills 
are enacted. 

Referendum petitions shall be filed with the Secretary of State, not 
later than six months after the final adjournment of the session of the 



INITIATIVE AND REFERENDUM. 13 

legislative assembly which passed the bill on which the referendum is 
demanded. The veto power of the governor shall not extend to measures 
referred to the people by the legislative assembly or by initiative refer- 
endum petitions. 

All elections on measures referred to the people of the state shall 
he had at the biennial regular general election, except when the legis- 
lative assembly, by majority vote, shall order a special election. Any 
measure referred to the people shall still be in full force and effect unless 
such petition be signed by fifteen per cent, of the legal voters of a 
majority of the whole number of the counties of the State, in which case 
the law^ shall be inoperative until such time as it shall be passed upon 
at an election, and the result has been determined and declared as pro- 
vided bv law. The whole number of votes cast for governor at the 
regular election last preceding the filing of any petition for the initiative 
•or referendum, shall be the basis on which the number of legal petitions 
and orders for the initiative and for the referendum shall be filed with 
the Secretary of State ; and in submitting the same to the people, he, 
and all other officers, shall be guided by the general laws and the act 
submitting this amendment, until legislation shall be especially pro- 
vided therefor. The enacting clause of every law originated by the 
initiative shall be as follows : 

"Be it enacted by the people of Montana :" 

This section shall not be construed to deprive an)' member of the 
legislative assembly of the right to introduce any measure. 

Nevada: Article XIX. 

Section i. Whenever ten per centum or more of the voters of 
this state, as shown by the number of votes cast at the last preceding 
general election, shall express their wish that any law or resolution 
made by the Legislature be submitted to a vote of the people, the officers 
■charged with the duty of announcing and proclaiming elections, and 
of certifying nominations, or cjuestions to be voted on, shall submit the 
question of the approval or disapproval of said law or resolution to be 
voted at the next ensuing election wherein a State or Congressional 
officer is to be voted for, or wherein any question may be voted on by 
the electors of the entire state. 

Sec. 2. When a majority of the electors voting at a state election 
■shall by their votes signify approval of a law or resolution, such law or 
resolution shall stand as the law of state, and shall not be overruled, an- 
nulled, set aside, suspended, or in any way made inoperative except by 
the direct vote of the people. When such majority shall so signify 
disapproval, the law or resolution so disapproved shall be void and of no 
•effect. 

Oklahoma: Article V. 

Section i. The legislative authority of the state shall be vested in 
a legislature, consisting of a senate and a house of representatives ; but 
the people reserve to themselves the power to propose laws and amend- 
ments to the constitution and to enact or reject the same at the polls 
independent of the legislature, and also reserve power at their own option, 
to approve or reject at the polls any act of the legislature. 

Sec. 2. The first power reserved by the people is the initiative, and 
eight per centum of the legal voters shall have the right to propose any 



14 INITIATIVE AND REFERENDUM. 

legislative measure, and fifteen per centum of the legal voters shall have 
the right to propose amendments to the constitution by petition, and every 
such petition shall include the full text of the measure so proposed. The 
second power is the referendum, and it may be ordered (except as to laws 
necessary for the immediate preservation of the public peace, health, or 
safety), either by petition signed by five per centum of the legal voters or 
by the legislature as other bills are enacted. The ratio and per centumi 
of legal voters herein before stated shall be based upon the total number 
of votes cast at the last general election for the state office receiving the 
highest number of votes at such election. 

Sec. 3. Referendum petitions shall be filed with the secretary of state 
not more than ninety days after the final adjournment of the session of the 
legislature which passed the bill on which the referendum is demanded. 
The veto power of the governor shall not extend to measures voted on by 
the people. All elections on measures referred to the people of the state 
shall be had at the next election held throughout the state, except when 
the legislature or the governor shall order a special election for the ex- 
press purpose of making such reference. Any measure referred to the 
people by the initiative shall take effect and be in force when it shall 
have been approved by a majority of the votes cast in such election. 
Any measure referred to the people by the referendum shall take effect 
and be in force when it shall have been approved by a majority of the 
votes cast thereon and not otherwise. 

The style of all bills shall be : "Be it enacted by the People of the 
State of Oklahoma." 

Petitions and orders for the initiative and for the referendum shall 
be filed with the secretary of state and addressed to the governor of the 
state, who shall submit the some to the people. The legislature shall 
make suitable provisions for carrying into effect the provisions of this 
article. 

Sec. 4. The referendum may be demanded by the people against 
one or more items, sections, or parts of any act of the legislature in the 
same m.anner in which such power may be exercised against a complete 
act. The filing of a referendum petition against one or more items, 
sections, or parts of an act shall not delay, the remainder of such act 
from becoming operative. 

Sec. 5. The powers of the initiative and referendum reserved to 
the people by this constitution for the state at large, are hereby further 
reserved to the legal voters of every county and district therein, as to all 
local legislation, or action, in the administration of county and district 
government in and for their respective counties and districts. 

The manner of exercising said powers shall be prescribed by general 
laws, except that boards of county commissioners may provide for the 
time of exercising the initiative and referendum powers as to local legis- 
lation in their respective counties and districts. 

The requisite number of petitioners for the invocation of the initiative 
and referendum in counties and districts shall bear twice, or double, the 
ratio to the whole number of legal voters in such county or district,' as 
herein provided therefor in the state at large. 

Sec. 6. Any measure rejected by the people through the powers of 
the initiative and referendum cannot be again proposed by the initiative 
within three years thereafter by less than twenty-five per centum of the 
legal voters. , 

Sec. 7. The reservation of the powers of the initiative and refer- 



INITIATIVE AND REFERENDUM. 15 

endum in this article shall not deprive the legislature of the right to 
repeal any law, propose or pass any measure, which may be consistent 
with the constitution of the state and the constitution of the United States. 
Sec. 8. Laws shall be provided to prevent corruption in making, 
procuring and submitting initiative and referendum petitions. 

Oregon: Article IV. 

Section i. The legislative authority of the state shall be vested in 
a legislative assembly, consisting of a senate and house of representatives, 
but the people reserve to themselves power to propose laws and amend- 
ments to the constitution and to enact or to reject the same at the polls, 
independent of the legislative assembly, and also reserve power at their 
own option to approve or reject at the polls any act of the legislative 
assembly. The first power reserved by the people is the initiative, and 
not more than eight per cent, of the legal voters shall be required to 
propose any measure by such petition, and every such petition shall in- 
clude the full text of the measure so proposed. Initiative petitions shall 
be filed with the secretary of state not less than four months before the 
election at which they are to be voted upon. The second power is the 
referendum, and it may.be ordered (except as to laws necessary for the 
immediate preservation of the public peace, health or safety), either by 
the petition signed by five per cent, of the legal voters, or by the legis- 
lative assem.bly, as other bills are enacted. Referendum petitions shall 
be filed with the secretary of state not more than ninety days after the 
final adjournment of the session of the legislative assembly which passed 
the bill on which the referendum is demanded. The veto power of the 
governor shall not extend to measures referred to the people. All elec- 
tions on measures referred to the people shall be had at the biennial 
regular general election, except when the legislative assembly shall order 
a special election. Any measure referred to the people shall take effect 
and become the law when it is approved by a majority of the votes cast 
therein, and not otherwise. The style of all bills shall be : "Be it enacted 
by the people of the State of Oreeon." This section shall not be con- 
strued to deprive any member of the legislative assembly of the right to 
introduce any measure. The whole number of votes cast for justice of 
the supreme court at the regular election last preceding the filing of any 
petition for the initiative or for the referendum shall be the basis on 
which the number of legal voters necessary to sign such petition shall 
be counted. Petitions and orders for the initiative and for the referendum 
shall be filed with the secretary of state, and in submitting the same to- 
the people he. and all other officers, shall be guided by the general laws 
and the act submitting this amendment, until legislation shall be especially 
provided therefor. 

Sec. la. The referendum may be demanded by the people against 
one or more items, sections or parts of any act of the legislative assembly, 
in the same manner in which such power may be exercised against a 
complete act. The filing of a referendum petition against one or more 
items, sections or parts of an act shall not delay the remainder of that 
act from becoming operative. The initiative and referendum powers re- 
served to the people by this constitution are hereby further reserved to 
all local, special and municipal legislation of every character, in and for 
their respective municipalities and districts. The manner of exercising 
said powers shall be prescribed by general laws, except that cities and 



.16 INITIATIVE AND* REFERENDUM. 

towns may provide for the manner of exercising the initiative and refer- 
endum powers as to their municipal legislation. Not more than ten 
per cent, of the legal voters may be required to order the referendum 
nor more than fifteen per cent, to propose any measure, by the initiative, 
in any city or town. 

Article XVII. 

Section i. Any amendment or amendments to this constitution may 
be proposed in either branch of the legislative assembly, and if the same 
shall be agreed to by a majority of all the members elected to each of the 
two houses, such proposed amendment or amendments shall, with the yeas 
and nays thereon, be entered in their journals and referred by the sec- 
retary of state to the people for their approval or rejection, at the next 
regular general election, except when the legislative assembly shall order 
a special election for that purpose. If a majority of the electors voting 
on any such amendment shall vote in favor thereof, it shall thereby be- 
come a part of this constitution. The votes for and against such amend- 
ment or amendments, severally, whether proposed by the legislative as- 
sembly or by initiative petition, shall be canvassed by the secretary of 
state in the presence of the governor, and if it shall appear to the governor 
that the majority of the votes cast at said election on said amendment 
or amendments, severally, are cast in favor thereof, it shall be his duty 
fortliwith after such canvass, by his proclamation, to declare the said 
amendment or amendments, severally, having received said majority of 
votes to have been adopted by the people of Oregon as a part of the con- 
stitution thereof, and the same shall be in effect as a part of the con- 
stitution from the date of such proclamation. When two or more amend- 
ments shall be submitted in the manner aforesaid to the voters of this 
state, at the same election, they shall be so submitted that each amend- 
ment shall be voted on separately. No convention shall be called to amend 
■or propose amendments to this constitution, or to propose a new con- 
stitution, unless the law providing for such convention shall firbt be 
approved by the people on a referendum vote at a regular general elec- 
tion. This article shall not be construed to impair the right of the people 
to amend this constitution by vote upon an initiative petition therefor. 

South Dakota: Article III. 

Section i. The legislative power shall be vested in a legislature 
which shall consist of a senate and house of representatives. Except 
that the people expressly reserve to themselves the right to propose 
measures, which measures the legislature shall enact and submit to a 
vote of the electors of the state, and also the right to require that any 
laws which the legislature may have enacted shall be submitted to a 
vote of the electors of the state before going into effect, (except such 
laws as may be necessary for the immediate preservation of the public 
peace, health or safety, support of the state government and its existing 
public institutions) : Provided, That not more than five per centum of 
the qualified electors of the state shall be required to invoke either the 
initiative or the referendum. This section shall not be construed so as 
to deprive the legislature or any member thereof of the right to propose 
any measure. The veto power of the executive shall not be exercised 
as to measures referred to a vote of the" people. This section shall 
apply to municipalities. The enacting clause of all laws approved by 



INITIATIVE AND REFERENDUM. 17 

vote of the electors of the state shall be : "Be it enacted by the People 
of South Dakota." The legislature shall make suitable provisions for 
carrying into effect the provisions of this section. 

Utah; Article VI. 

Section i. The legislative power of the state shall be vested: 

1. In a senate and house of representatives, which shall be desig- 
nated the legislature of the state of Utah. 

2. The people of the state of Utah, as hereinafter stated : 

The legal voters, or such fractional part thereof, of the state of 
Utah, as may be provided by law, under such conditions, and in such 
manner and within such time as may be provided by law. may initiate 
any desired legislation and cause the same to be submitted to a vote of 
the people for approval or rejection, or may require any law passed by 
the legislature, (except those passed by a two-thirds vote of the members 
elected to each house of the legislature) to be submitted to the voters 
of the state before such law shall take effect. 

The legal voters or such fractional part thereof as may be provided 
by law, of any legal subdivision of the state, under such conditions and 
in such manner and within such time as may be provided by law', may 
initiate any desired legislation and cause the same to be submitted to a 
vote of the people of said legal subdivision for approval or rejection, or 
may require any law or ordinance passed by the law-making body of 
said legal subdivision to be submitted to the voters thereof before such 
law or ordinance shall take effect. 

Sec. 22. The enacting clause of every law shall be, "Be it enacted 
by the Legislature of the State of Utah." Except such laws as may be 
passed by the vote of the electors as provided in subdivision 2, section i 
of this article, and such laws shall begin as follows : "Be it enacted 
by the People of the State of Utah." * * * 

PROPOSED AMENDMENTS. 

Maine, Missouri and North Dakota have submitted the following 
amendments to be voted on in 1908: 

Maine: Article IV, Part i. 

Section i. The legislative power shall be vested in two distinct 
branches, a house of representatives and a senate, each to have a negative 
on the other, and both to be styled the Legislature of Maine, but the 
people reserve to themselves power to propose laws and to enact or re- 
ject the same at the polls independent of the legislature, and also reserve 
power at their own option to approve or reject at the polls any act,, bill, 
resolve or resolution passed by the joint action of both branches of the 
legislature, and the style of their laws and acts shall be, "Be it enacted 
by the People of the State of Maine." 

Part Three. 

Section i. The legislature shall convene on the first Wednesday 
of January, biennially, and, with the exceptions hereinafter stated, shall 
have full power to make and establish all reasonable laws and regula- 



18 INITIATIVE AND REFERENDUM. 

tions for the defense and benefit of the people of this state, not repugnant 
to this constitution nor to that of the United States. 

Sec. 17. Upon the written petition of not less than ten thousand 
electors, addressed to the governor and filed in the office of the secretary 
of state within ninety days after the recess of the legislature, requesting 
that one or more acts, bills, resolves, or resolutions, or part or parts 
thereof, passed by the legislature but not then in effect by reason of the 
provisions of the preceding section, be referred to the people, such acts, 
bills, resolves or resolutions, or part or parts thereof as are specified in 
such petition shall not take effect until thirty days after the governor 
sliall have announced by public proclamation that the same have been 
ratified by a majority of the electors voting thereon at a general or 
special election. As soon as it appears that the effect of any act, bill, 
resolve or resolution, or part or parts thereof, has been suspended by 
petition in manner aforesaid, the governor by public proclamation shall 
give notice thereof and of the time when such measure is to be voted on 
by the people, which shall be at the next general election not less than 
sixtv days after such proclamation, or in case of no general election 
within six months thereafter the governor may, and if so requested in 
said written petition therefor, shall order such measure submitted to the 
people at a special election not less than four nor more than six months 
after his proclamation thereof. 

Sec. 18. The electors may propose to the legislature for its con- 
sideration any bill, resolve or resolution, including bills to amend or 
repeal emergency legislation, but not an amendment of the state con- 
stitution, by written petition adclressed to the legislature or to either- 
branch thereof and filed in the office of the secretary of state or pre- 
sented to either branch of the legislature at least thirty days before the 
close of its session. Any measure thus proposed by not less than twelve 
thousand electors, unless enacted without change by the legislature at the 
session at which it is presented, shall be submitted to the electors to- 
gether with any amended form, substitute, or recommendation of the 
legislature, and in such manner that the people can choose between the 
competing measures or reject both. When there are competing bills and 
neither receives a majority of the votes given for or against both, the 
•one receiving the most votes shall at the next general election, to be 
held not less than sixty days after the first vote thereon, be submitted 
bv itself if it receives more than one-third of the votes given for and 
against both. If the measure initiated is enacted by the legislature with- 
out change, it shall not go to a referendum vote unless in pursuance of 
a demand made in accordance with the preceding section. The legis- 
lature may order a special election on any measure that is subject to a 
vote of the people. The governor may, and if so requested in the written 
petitions addressed to the legislature, shall by proclamation, order any 
measure proposed to the legislature by at least twelve thousand electors 
as herein provided, and not enacted by the legislature without change, 
referred to the people at a special election to be held not less than four 
nor more than six months after such proclamation, otherwise said measure 
shall be voted upon at the next general election held not less than sixty 
days after the recess of the legislature, to which such measure was 
proposed. 

Sec. 19. Any measure referred to the people and approved by a 
majoritv of the votes given thereon shall, unless a later date is specified in 
said measure, take effect and become a law in thirty days after the 



INITIATIVE AND REFERENDUM. 19 

governor has made public proclamation of the result of the vote on 
said measure, which he shall do within ten days after the vote thereon 
has been canvassed and determined. The veto power of the governor 
shall not extend to any measure approved by vote of the people, and 
any measure initiated by the people and passed by the legislature with- 
out change, if vetoed by the governor and if his veto is sustained by 
the legislature shall be referred to the people to be voted on at the next 
general election. The legislature may enact measures expressly con- 
ditioned upon the people's ratification by a referendum vote. 

Sec. 20. As used in either of the three preceding sections the words 
"electors" and "people" mean the electors of the state qualified to vote 
for governor; "recess of the legislature" means the adjournment with- 
out day of a session of the legislature ; "general election" means the 
November election for choice of presidential electors or the September 
election for choice of governor and other state and county officers ; 
"measure" means an act, bill, resolve or resolution proposed by the 
people, or two or more such, or part or parts of such, as the case may 
be ; "written petition" means one or more petitions written or printed, 
or partly written and partly printed, with the original signatures of the 
petitioners attached, verified as to the authenticity of the signatures by 
the oath of one of the petitioners certified thereon, and accompanied by 
the certificate of the clerk of the city, town or plantation in which the 
petitioners reside that their names appear on the voting list of his city, 
town or plantation as qualified to vote for governor. The petitions shall 
set forth the full text of the measure requested or proposed. The full 
text of a measure submitted to a vote of the people under the provisions 
of the constitution need not be printed on the official ballots, but, until 
otherwise provided by the legislature, the secretary of state shall prepare 
the ballots in such form as to present the question' or questions concisely 
and intelligibly. 

Sec. 21. The city council of any city may establish the initiative 
and referendum for the electors of such city in regard to its municipal 
affairs, provided that the ordinance establishing and providing the method 
of exercising such initiative and referendum shall not take effect until 
ratified by vote of a majority of the electors of said city, voting thereon 
at a municipal election. Provided, however, that the legislature may at 
any time provide a uniform method for the exercise of the initiative and 
referendum in municipal affairs. 

Sec. 22. Until the legislature shall enact further regulations not 
inconsistent with the constitution for applying the people's veto and 
direct initiative, the election officers and other officials shall be governed 
by the provisions of this constitution and of the general law, supplemented 
by such reasonable action as may be necessary to render the preceding 
section self executing. 

Missouri: Article IV. 

Section i. The legislative authority of the state shall be vested in 
a legislative assembly, consisting of a senate and house of representatives, 
but the people reserve to themselves power to propose laws and amend- 
ments to the constitution, and to enact or reject the same at the polls, 
independent of the legislative assembly, and also reserve power at their 
own option to approve or reject at the polls any act of the legislative 
assembly. The first power reserved by the people is the initiative, and 
not more than eight per cent, of the legal voters in each of at least two- 



20 INITIATIVE AND REFERENDUM. 

thirds of the congressional districts in the state shall be required to pro- 
pose any measure by such petition and every such petition shall include 
the full text of the measure so proposed. Initiative petitions shall be filed 
with the secretary of state not less than four months before the election at 
which they are to be voted upon. 

The second power is the referendurri, and it may be ordered (except 
as to laws necessary for the immediate preservation of the public peace^ 
health or safety, and laws making appropriations for the current ex- 
penses of the state government, for the maintenance of the state institu- 
tions and for the support of the public schools; either by the petition 
signed by five per cent, of the legal voters in each of at least two-thirds of 
the congressional districts in the state, or by the legislative assembly, as 
other bills are enacted. Referendum petitions shall be filed with the sec- 
retary of state not more than ninety days after the final adjournment 
of the session of the legislative assembly which passed the bill on which 
the referendum is demanded. 

The veto power of the governor shall not extend to measures re- 
ferred to the people. All elections on measures referred to the people of 
the state shall be had at the biennial regular general elections, except when 
the legislative assembly shall order a special election. Any measure re- 
ferred to the people shall take effect and become the law when it is 
approved by a majority of the votes cast thereon, and not otherwise. The 
style of all bills shall be: "Be it enacted by the People of the State 
of Missouri." 

This section shall not be construed to deprive any member of the 
legislative assembly of the right to introduce any measure. The whole 
number of votes cast for justice of the supreme court at the regular 
election last preceding the filing of any petition for the initiative or for 
the referendum, shall be the basis on which the number of legal voters 
necessary to sign such petition shall be counted. Petitions and orders 
for the initiative and for the referendum shall be filed with the sec- 
retary of state, and in submitting the same to the people he, and all other 
officers shall be guided by the general laws and the act submitting this 
amendment, until legislation shall be especially provided therefor. 

North Dakota: Article II, Section 25. 

Section 25 of article 2 of the constitution of the state of North Da- 
kota shall be and hereby is amended to read as follows : 

25. The legislative authority of the state of North Dakota shall be 
vested in a legislative assembly consisting of a senate and house of rep- 
resentatives, but the people reserve to themselves power to propose laws 
and amendments to the constitution, and to enact or reject the same at the 
polls, independent of the legislative assembly, and also reserve power, at 
their own option, to approve or reject at the polls, any act, item, section, 
or part of any act or measure passed by the legislative assembly. 

The first power reserved by the people is the initiative, and not more 
than eight per cent, of the legal voters shall be required to propose any 
measure by initiative petition, and every such petition shall include the 
full text of the measure so proposed, but the same constitutional amend- 
ment shall not be proposed oftener than once in ten years. Initiative 
petitions shall be filed with the secretary of state not less than thirty days 
iDcfore any regular session of the legislative assembly. He shall transmit 
the same to the legislative assembly as soon as it convenes. Such initia- 



INITIATIVE AND REFERENDUM. 21 

tive measures shall take precedence over all other measures in the legisla- 
tive assembly except appropriation bills, and shall be either enacted or re- 
jected without change or amendment by the legislative assembly within 
forty days. If any such initiative measure shall be enacted by the legisla- 
tive assembly it shall be subject to referendum petition or it may be re- 
ferred by the legislative assembly to the people for approval or rejection. 
If it is rejected, or no action is taken upon it by the legislative assembly 
within said forty days, the secretary shall submit it to the people for ap- 
proval or rejection at the next ensuing regular general election. The 
legislative assembly may reject any measure so proposed by initiative pe- 
tition and propose a different one to accomplish the same purpose, and 
in any such event both measures shall be submitted by the secretary of 
state to the people for approval or rejection at the next ensuing regular 
•election. If conflicting measures submitted to the people at the next en- 
suing election shall be approved by a majority of the votes severally cast 
for and against the same, the one receiving the highest number of affirma- 
tive votes shall thereby become valid and the other shall thereby be re- 
jected. 

The second power is the referendum, and it may be ordered (except 
as to laws necessary for the immediate preservation of the public peace, 
health dr safety) as to any measure or any parts, items or sections of any 
measure passed by the legislative assembly, either by a petition signed by 
.five per cent, of the legal voters or by the legislative assembly if a ma- 
jority of the members-elect vote therefor When it is necessary for the 
immediate preservation of the public peace, health, or safety that a law 
shall become effective without delay, such necessity and the facts creating 
the same shall be stated in one section of the bill, and if upon aye and nay 
vote in each house two-thirds of all the members elected to each house 
shall vote on a separate roll call in favor of the said law going into in- 
stant operation for the immediate preservation of the public peace, health 
■or safety, such law shall become operative upon approval by the governor. 

The filing of a referendum petition against one or more items, sec- 
tions or parts of an act shall not delay the remainder of that act from be- 
■coming operative. Referendum petitions against measures passed by the 
legislative assembly shall be filed with the secretary of state not more than 
ninety days after the final adjournment of the session of the legislative 
■assembly which passed the measure on which the referendum is de- 
manded. The veto power of the governor shall not extend to measures 
Teferred to the people. All elections on measures referred to the people 
of the state shall be had at biennial regular general elections, except as 
provision may be made by law for a special election or elections. Any 
•constitutional amendment or other measures referred to the people shall 
take effect when it is approved by a majority of the votes cast thereon 
and not otherwise, and shall be in force from the date of the official 
•declaration of the vote. The enacting clause of all initiative bills shall be 
"Be it enacted by the people of the state of North Dakota." This section 
shall not be construed to deprive any member of the legislative assembly 
•of the right to introduce any measure. The whole number of votes cast 
for justice of the supreme court at the regular election last preceding 
the filing of any petition for the initiative or the referendum shall be the 
"basis on which the number of legal voters necessary to sign stich petition 
shall be counted. Petitions and orders for the initiative and for the ref- 
erendum shall be filed with the secretary of state, and in submitting the 
same to the people he and all other officers shall be guided by the general 



22 INITIATIVE AND REFERENDUM. 

laws and the act submitting this amendment until legislation shall be spe- 
cially provided therefor. This amendment shall be self-executing, but 
legislation may be enacted especially to facilitate its operation. 
Filed in the office of the secretary of state March 23, 1907. 



In the compilation of the reading lists of this publication reference 
has frequently been made to similar lists published by the Wilmington 
(Del.) Institute Free Library and the Legislative Reference Department 
of the Michigan State Library. 



